CREIGHTON UNIVERSITY - STUDENT ROTATION AGREEMENT 2024.PDF

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CREIGHTON UNIVERSITY 
 
STUDENT ROTATION TRAINING AGREEMENT 
 
 
This Student Rotation Training Agreement (“Agreement”) sets forth the terms of 
the rotation of Students from Creighton University (“CREIGHTON”), a Nebraska nonprofit 
organization whose principal office is located at 2500 California Plaza, Omaha, NE  68178 
to Maricopa County (“MCDPH”), by and for its Department of Public Health, whose 
principal office is located at 4041 N. Central Ave., Ste. 1400, Phoenix, AZ 85012 for 
educational training and experience.  
 
1. Rotation Goals and Objectives 
 
A. The educational goals and objectives for any rotation will be provided by 
CREIGHTON to the applicable MCDPH preceptor prior to the start of the rotation. 
If these goals and objectives are acceptable to MCDPH, the MCDPH preceptor 
will sign a statement agreeing to meet the goals and objectives of the rotation and 
will return a copy to CREIGHTON.  
 
B. The Program Director of the applicable Training Program at CREIGHTON shall 
retain full control and responsibility for the overall education of the Students.  
 
2. Responsibilities of CREIGHTON for Rotations 
 
A. Use proper administrative procedures acceptable to MCDPH in planning for 
observation and practical experience.  
 
B. Provide for supervision and instruction as agreed upon by both parties.  
 
C. Ensure that Students participating in the program along with any faculty observers 
at MCDPH adhere to existing rules and regulations of MCDPH.  
 
D. Ensure each Student participating in the program at MCDPH meets the same 
health standards that are required of all employees at MCDPH. MCDPH may 
request upon reasonable notice a physical examination and/or laboratory or other 
diagnostic tests for any Student. The Student and CREIGHTON shall have the 
option to either agree to such physical examinations, labs, and tests or to withdraw 
the Student from MCDPH. MCDPH shall not be responsible for any cost or 
charges incurred for such physical examinations, labs, or tests.  
 
E. Prohibit Students or CREIGHTON staff members from releasing any material 
relative to practical experiences that has not been approved by MCDPH for 
release for publication or to third parties, or that is confidential by law.  
 
F. Ensure that Student dress and grooming shall be appropriate for MCDPH and for 
health care workers.  Students will comply with the MCDPH dress code.  
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G. Notwithstanding any provision to the contrary, CREIGHTON agrees that the 
faculty observers and Students enrolled at MCDPH shall not be employees or 
agents of MCDPH or Maricopa County, and shall not be entitled to any defense 
or indemnity under Maricopa County’s Declaration of Trust for Maricopa County, 
Arizona, Self-Insured Risk Trust Fund, benefits, conditions, terms or rights of 
MCDPH employees including workers’ compensation, medical or hospitalization 
insurance or benefits, pension, retirement or vacation pay, credit or other benefits 
or rights of MCDPH employees. MCDPH may, at its own election, decide to 
provide Students a stipend. MCDPH employees employed by CREIGHTON as 
faculty members on their own time (non-MCDPH pay status) will be subject to the 
same restrictions.  
 
H. Provide professional and either general liability insurance coverage or self-
insurance coverage to each individual rotating Student for the duration of the 
assigned rotation, to include commercial general liability insurance of $2,000,000 
each occurrence and $4,000,000 general aggregate, and professional liability 
insurance of $2,000,000 per claim and a $4,000,000 aggregate. In the event any 
insurance policies required are written on a claims made basis, coverage shall 
extend for two years past the Agreement’s completion as evidenced by annual 
Certificates of Insurance. CREIGHTON will provide proof of such coverage in the 
form of Certificates of Insurance to MCDPH.  
 
I. 
Remove from MCDPH any Student or faculty observer identified for any reason 
as unacceptable by MCDPH.  
 
J. Reimburse MCDPH for damage to equipment or supplies, provided MCDPH 
provides evidence that such damage was caused by Students or faculty 
observers.  
 
K. Designate a person or persons to assist in the coordination of Student learning 
experiences, including planning with MCDPH staff to assign Students to specific 
learning experiences that are appropriate for the program(s).  
 
L. Provide a 30-day advance notice for Students assigned to a rotation.  
 
3. Responsibilities of MCDPH for Rotations 
 
A. Provide training experiences and make available the related facilities at MCDPH 
for Students enrolled in any program.  
 
B. MCDPH staff will teach and supervise Students while assigned to MCDPH 
experiences. Any client services provided by Students shall be under the direct 
and exclusive supervision of qualified staff employed by MCDPH.  
 
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C. Designate a person or persons or MCDPH unit to assist in the coordination of the 
Students’ learning experiences, including planning with MCDPH staff for the 
assignment of Students to specific learning experiences which are appropriate for 
the Student’s program.  
 
D. Keep CREIGHTON informed of changes in policy that affect Students and faculty 
observers.  
 
4. Mutual Responsibilities of MCDPH and CREIGHTON 
 
A. The personnel of MCDPH and the faculty of CREIGHTON assigned to the 
program will confer at such times as may be mutually agreed upon to evaluate the 
educational program.  
 
B. The personnel of MCDPH and the faculty of CREIGHTON assigned to the 
program shall cooperate in providing a sound educational environment.  
 
C. Students are assigned for practical training experiences in the appropriate 
MCDPH unit.  Both parties shall mutually agree upon the number of Students and 
the appropriate MCDPH unit for training.  
 
D. Upon request, each party will complete program evaluation forms for Students, 
faculty, or learning experiences.  
 
5. Term and Termination 
 
A. The term of this Agreement shall be from July 1, 2024, through June 30, 2034. 
The Agreement may be renewed for additional terms by the mutual consent of 
both parties.  
 
B. This Agreement may be terminated by either party upon 30 days prior written 
notice to the other party; provided, however, Students participating at MCDPH at 
the time of termination shall be given an opportunity to complete their 
participation.  
 
6. Miscellaneous 
 
A. CREIGHTON and MCDPH shall not discriminate against any individual on the 
basis of race, color, sex, pregnancy, childbirth or medical conditions related to 
pregnancy or childbirth, political or religious affiliation or ideas, culture, creed, 
social origin or condition, genetic information, sexual orientation, gender identity 
or expression, national origin, ancestry, age, disability, military service or veteran 
status, or marital status, whether as to employees, applicants for employment, 
students, faculty, or clients. To the extent applicable to this Agreement, both 
parties agree to comply with all state and federal employment laws, rules, 
regulations, and executive orders, including Executive Order 2009-09 as 
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amended by Executive Order 2023-01, relating to equal employment opportunity 
and non-discrimination.  
 
B. Nothing in this Agreement shall be deemed or construed as creating a 
relationship of principal and agent or of partnership or of joint venture between 
the parties. Students shall not be considered servants, agents, or employees of 
MCDPH.  
 
C. This Agreement shall be construed and enforced in accordance with the laws of 
the State of Arizona. Exclusive venue and jurisdiction for any actions or 
proceedings related to or stemming from this Agreement will be in the state or 
federal courts sitting in Phoenix, Arizona.  
 
D. This Agreement shall be binding upon and shall inure to the benefit of both parties 
and their respective successors, heirs, assigns and legal representatives. This 
Agreement may not be assigned in part or whole without the prior written consent 
of both parties.  
 
E. Individuals executing this Agreement on behalf of the parties represent and 
warrant that they have been authorized to do so.  
 
F. 
This Agreement contains the entire understanding of the parties relating to the 
subject matter of this Agreement. Any prior agreements, promises, negotiations 
or representations between the parties, either oral or written, relating to the 
subject matter of this Agreement that are not expressly included are of no force 
or effect. Any modifications or amendments must be agreed to by both parties in 
writing.  
 
G. During the term of this Agreement, the parties shall take such actions, including 
revising this Agreement, as necessary or advisable to comply fully with all laws, 
rules, and regulations applicable to the performance of this Agreement, including 
without limitation the Health Insurance Portability and Accountability Act and the 
Family Educational Records and Privacy Act.  
 
H. To the fullest extent permitted by law, CREIGHTON shall defend, indemnify and 
hold harmless MCDPH, its agents, representatives, officers, directors, officials, 
and employees from and against all claims, damages, losses, and expenses 
(including, but not limited to attorneys' fees, court costs, expert witness fees, and 
the costs and attorneys' fees for appellate proceedings) arising out of, or alleged 
to have resulted from the negligent acts, errors, omissions, or mistakes of 
CREIGHTON, a subcontractor, any one directly or indirectly employed by them, 
or anyone for whose acts they may be liable, relating to the performance of this 
Agreement.  
 
i. 
CREIGHTON's duty to defend, indemnify, and hold harmless MCDPH, its 
agents, representatives, officers, directors, officials, and employees shall 
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arise in connection with any claim, damage, loss, or expense that is 
attributable to bodily injury, sickness, disease, death or injury to, 
impairment of, or destruction of tangible property, including resulting loss 
of use, caused by negligent acts, errors, omissions, or mistakes in the 
performance of this Agreement, but only to the extent caused by the 
negligent acts or omissions of CREIGHTON, a subcontractor, any one 
directly or indirectly employed by them, or anyone for whose acts they may 
be liable, regardless of whether or not such claim, damage, loss, or 
expense is caused in part by an indemnified party.  
 
ii. 
The amount and type of insurance coverage requirements above shall not 
be construed as limiting the scope of the indemnity in this paragraph.  
 
I. 
CREIGHTON warrants and certifies that it does not currently, and agrees for the 
duration of the Agreement that it will not, use:  
 
i. 
The forced labor of ethnic Uyghurs in the People’s Republic of China.  
 
ii. 
Any goods or services produced by the forced labor of ethnic Uyghurs in 
the People's Republic of China.  
 
iii. 
Any contractors, subcontractors or suppliers that use the forced labor or 
any goods or services produced by the forced labor of ethnic Uyghurs in 
the People's Republic of China.  
 
If CREIGHTON becomes aware during the term of the Agreement that 
CREIGHTON is not in compliance with this paragraph, CREIGHTON shall notify 
MCDPH within five business days after becoming aware of the noncompliance. 
Failure of CREIGHTON to provide a written certification that CREIGHTON has 
remedied the noncompliance within 180 days after notifying MCDPH of its 
noncompliance shall result in the termination of this Agreement unless the Term 
of this Agreement shall end prior to said 180-day period.  
 
J. 
Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:  
 
i. 
CREIGHTON warrants compliance with all federal immigration laws and 
regulations relating to employees and warrants its compliance with A.R.S. 
§ 23-214(A), which states, “After December 31, 2007, every employer, 
after hiring an employee, shall verify the employment eligibility of the 
employee through the e-verify program and shall keep a record of the 
verification for the duration of the employee’s employment or at least three 
years, whichever is longer”.  
ii. 
A breach of warranty regarding compliance with immigration laws and 
regulations shall be deemed a material breach of this Agreement and 
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CREIGHTON may be subject to penalties up to and including termination 
of the contract.  
iii. 
Failure to comply with a state audit process to randomly verify the 
employment records of contractors and subcontractors shall be deemed a 
material breach of this Agreement and CREIGHTON may be subject to 
penalties up to and including termination of the Agreement.  
iv. 
The State of Arizona retains the legal right to inspect the papers of any 
employee who works on this Agreement to ensure that the contractor or 
subcontractor is complying with the warranty under Paragraph i.  
v. 
For questions about E-Verify CREIGHTON should visit the following web 
site: http://www.uscis.gov.  
 
K. This Agreement may be cancelled in accordance with A.R.S. § 38-511.  
 
IN WITNESS WHEREOF, MCDPH and CREIGHTON have executed this Agreement.   
 
MARICOPA COUNTY 
Acting for and on behalf of 
the Department of Public Health 
CREIGHTON UNIVERSITY 
 
 
By:   
 
By:  
 
 
Chairman,  
Maricopa County Board of 
Supervisors 
 
 
 
Name: 
 
 
 
          Date 
 
 
 
 
 
 
 
 
Title: 
 
 
 
 
 
 
Attest: 
 
 
 
 
 
 
 
 
 
 
 
Clerk of the Board  
 
Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Approved as to Form 
 
Date 
Deputy County Attorney 
 
 
 
 
DocuSign Envelope ID: 1591D3FB-EA35-4689-8616-E848CEE8FEDD
Assistant Dean, Graduate Programs
4/15/2024 | 8:08 AM CD
Nancy Bredenkamp